State v. McClintock
Supreme Court of Iowa
Appeal from the Henry District Court. The defendants were indicted jointly with Alexander McClintock, and Alexander McClintock, junior, for an assault and battery upon Reily Lloyd and Abraham Haynes.
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Appeal from the Henry District Court. The defendants were indicted jointly with Alexander McClintock, and Alexander McClintock, junior, for an assault and battery upon Reily Lloyd and Abraham Haynes. The indictment charged that the defendants, at, &c., on, &c., with force and arms, did unlawfully, routously, and in a violent arid tumultuous manner, and to the disturbance of others, in and upon one Reily Lloyd, and one Abraham Haynes, then and there being, make and assault, and them, the said Reily Lloyd and Abraham Haynes, then and there, unlawfully, riotously and routously, and in a violent…
1Opinion of the CourtWoodward, J.
I. The first and second errors assigned are, that the instructions of the court are inapplicable to the issue generally; and specifically, that while they relate to a trial for assault and battery, the indictment charges an unlawful assembly and riot. In the defendant’s demurrer, they had urged that the indictment united two offenses; or, that it was a charge of riot, or for assembling to do an unlawful act, or a lawful act in an unlawful, violent or tumultuous manner, under the Code, (sections 2739, 2740, or 2797); and objected to its sufficiency as a charge for either of those offenses. The…
2Cases cited2 opinions
- State v. AbrahamsSupreme Court of Iowa · 1858
- Caldwell & Christian v. CommonwealthCourt of Appeals of Kentucky · 1838
3Cited by8 opinions
- State v. ChurchSouth Dakota Supreme Court · 1894
- State v. DavisSupreme Court of Iowa · 1941
- State v. HarveySupreme Court of Iowa · 1906
- State v. BergerSupreme Court of Iowa · 1903
- Yocum v. HustedSupreme Court of Iowa · 1918
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